BANKRUPTCY ACT 1966

PART X - PERSONAL INSOLVENCY AGREEMENTS  

Division 2 - Meeting of creditors and control of debtor ' s property  

SECTION 189AA   COURT ORDERS WITH EFFECT DURING PERIOD OF CONTROL OF DEBTOR ' S PROPERTY  

189AA(1)   [Orders can be made]  

The Court may make an order that has effect while the property of the debtor is subject to control:


(a) discharging an order made at any time against the person or property of the debtor under a law relating to the imprisonment of fraudulent debtors; or


(b) staying a civil or criminal legal process begun at any time against the person or property of the debtor for the debtor ' s failure:


(i) to pay a debt that would be provable if the debtor were bankrupt; or

(ii) to pay a pecuniary penalty payable as a result of the failure to pay a debt that would be provable if the debtor were bankrupt; or

(iii) to obey an order of a court to pay a debt that would be provable if the debtor were bankrupt; or


(c) if the debtor has been imprisoned under a law described in paragraph (a) or for a failure described in paragraph (b) - releasing the debtor from custody.

189AA(2)   [Stay of proceedings]  

Paragraph (1)(b) does not allow the Court to stay any proceedings under a proceeds of crime law.




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